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An ex parte decree may generally be challenged by the absent defendant through an application showing that:

Correct answer: A. Summons was not duly served or sufficient cause prevented appearance

  • A. Summons was not duly served or sufficient cause prevented appearance
  • B. The plaintiff prefers a different remedy
  • C. The claim involves a question of criminal punishment
  • D. The defendant disagrees with the court's general jurisdiction only

Explanation

Civil procedure commonly permits setting aside an ex parte decree where service was defective or the defendant had sufficient cause for non-appearance. A mere disagreement with the result does not satisfy this procedural ground.

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About Civil Law

Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.

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